STAND. COM. REP. NO. 1759

Honolulu, Hawaii

RE: H.B. No. 841

H.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 841, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO DOMESTIC ABUSE PROTECTIVE ORDERS,"

begs leave to report as follows:

The purpose and intent of this measure is to refine and narrow the current requirement that all domestic abuse temporary restraining order cases –- including cases that do not involve child abuse or neglect -- be automatically referred to the Department of Human Services' Child Welfare Services.

Your Committee received testimony in support of this measure from the Judiciary, Department of Human Services, Hawai‘i State Coalition Against Domestic Violence, Parents and Children Together, and four individuals.

Your Committee finds that under existing law, when a parent seeks a temporary restraining order for allegations of domestic abuse against another parent, or a household member who is a minor, the case is automatically referred to Child Welfare Services for intervention or investigation. Your Committee finds that this requirement is overbroad and unnecessarily involves Child Welfare Services in matters where there are no concerns for a child's well-being yet, nevertheless, statutorily imposes mandatory timelines for Child Welfare Services to investigate, report, and make a court appearance. Further, your Committee also finds that the automatic referral process can deter an abused parent from seeking a temporary restraining order, as a victim might fear that Child Welfare Services will remove their children from their custody during the investigation. Conversely, perpetrators of domestic abuse can also use the threat of Child Welfare Services against their victim for this reason, and thereby prolong the abuse of their victim. Your Committee finds that existing law must be amended to make it easier and safer for victims of domestic abuse to seek protection. Therefore, this measure will refine existing law to require that only cases involving allegations of child abuse or neglect shall be automatically referred to Child Welfare Services.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 841, H.D. 2, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

________________________________

KARL RHOADS, Chair